Yakubov v. Jamil

In an action to recover damages for medical malpractice and wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Siegal, J.), entered May 6, 2013, which granted the motion of the defendant Elizabeth Vilanova pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint insofar as asserted against her.

Ordered that the order is affirmed, with costs.

“[Cjourts have recognized that a nurse who renders treatment can play a significant role [in a patient’s care] and is capable of committing malpractice” (Martinez v Tsung, 14 AD3d 399, 400…